EB-1(C) Visa Lawyers in Seattle
Providing Legal Guidance for Clients Seeking an EB-1(c) Green Card
If you are interested in immigrating to the United States for employment purposes and holding a managerial or executive position in a qualifying foreign company, the EB-1(c) visa may be an option for you to obtain permanent residency. However, this visa category comes with specific requirements and eligibility criteria.
The attorneys at Stelmakh & Associates, LLC, provide an overview of the EB-1(C) visa, its requirements, and the reasons why applicants may want to consult with an experienced immigration attorney before proceeding. The legal team at Stelmakh & Associates, LLC in Seattle, is here to answer all your visa and immigration questions. Contact us at 206-558-6288 to learn more.
What Is an EB-1(C) Visa?
The EB-1(C) is a subcategory of the EB-1 visa, which is an employment-based, first-preference immigrant visa reserved for certain categories of workers. One of these categories is reserved for certain multinational managers or executives who wish to transfer from a foreign company to a related company in the United States.
This type of visa is considered an immigrant visa, which means the EB-1(c) visa holder may obtain a green card (a permanent resident card) for themselves and their spouse, as well as for any unmarried children under 21 years of age. Once obtained, the EB-1(c) visa allows for travel in and out of the United States and attendance in any U.S. school, college, or university.
Who Can Obtain an EB-1(C) Visa to the United States?
In order to apply for an EB-1(c) visa, an applicant must demonstrate that they have been employed outside the United States for at least one year of the three years preceding their application or their latest lawful entry as a nonimmigrant to the United States. Their prospective U.S. employer must also fulfill certain requirements.
The U.S. employer should show that they have a permanent job offer for the beneficiary (foreign worker) in a managerial or executive position, that they have the ability to pay the employee’s salary, and that both affiliated companies (in the U.S. and abroad) maintain a qualifying relationship. Finally, they must demonstrate that the beneficiary was employed abroad by an affiliated organization for one year out of the prior three years before coming to the U.S. on an L-1A, O-1A, or H-1B visa.
It is worth noting that the U.S. entity may be a parent, subsidiary, or affiliated company to a foreign company. The entity abroad and the petitioner need to have joint ownership and control.
Local offices of a foreign employer operated as a branch may not offer permanent employment to a beneficiary (but a U.S. company with a branch abroad may file a petition). In addition, licensing or franchising is not sufficient for an EB-1C Green Card petition, which means noncitizens seeking to enter the USA to open a new office are not eligible for EB-1C but may apply for L-1A or O-1A.
What Does the USCIS Consider a Managerial or Executive Position?
Managerial position includes personnel and function managers, while executive capacity focuses on a person’s role within an organization. An executive is usually responsible for large-scale oversight, setting goals and implementation, and business leadership. For example, a Chief Executive Officer or Vice President of Technology or Finance would be considered an executive role.
A manager manages a department, subdivision, function, or organization component. For example, Project Manager or HR Manager are considered manager roles. First-line supervisors are only qualified if the supervised employees are professionals (their jobs require university degrees, and they have degrees in the related field). An employee who primarily performs non-managerial or non-executive duties may not qualify for an EB-1C Green Card either. If you are not sure whether you qualify for an EB-1(C), it is best to speak to an immigration attorney to understand your options.
Will the Family Members of an EB-1(C) Holder Be Eligible for a Green Card as Well?
The spouse of an EB-1(c) visa holder and their children under 21 can adjust their status for permanent residency concurrently with the applicant or obtain immigrant visas in the U.S. Consulate abroad if your EB-1C petition is approved. This is known as a follow-to-join benefit.
If the family of an EB-1(C) visa holder is already lawfully present in the United States, they may obtain permanent resident status by submitting an application for adjustment of status at the same time as the EB-1(C) visa applicant submits their application. If the family members are outside the United States, they may obtain an immigrant visa in order to join the EB-1(C) visa holder in the United States.
Why Should I Consult With an Attorney Before Applying for an EB-1(C)?
Employment-based immigrant visas such as the EB-1(C) are very competitive and require significant time and effort. Something as trivial as an error on a form or a missing document may cause your application to be delayed or rejected. By working with a skilled EB-1(C) visa attorney such as the ones at Stelmakh & Associates, LLC, you can have greater peace of mind knowing your application and the entire visa process is being prepared and overseen by a team of knowledgeable professionals.
At Stelmakh & Associates, LLC, we provide services and support at every stage of the visa application process. We will go through all the process steps with you, from preparing the immigration forms, drafting the legal argument, compiling all your evidence, printing and sending the package to the USCIS, to assisting you with the appointment in any U.S. Consulate after the petition is approved. That includes the DS-260 form preparation and filing, interview advice, and communication with the U.S. Consulate on your behalf. We will also monitor the status of your case. If you are considering applying for the EB-1(C), call Stelmakh & Associates, LLC at 206-558-6288.